On Bankruptcy and Mediation
By: Donald L. Swanson Four law firms are squabbling over how to divide a $20 million attorney fees fund in a bankruptcy case. [Insert your own derisive epithet here.] The Facts A two-year and multi-session mediation results in settlements of asbestos-related claims. One such settlement involves a $90 million payment from an insurance company, $70... Continue Reading →
By Donald L. Swanson Here is a photo of the resignation letter from the mediator in the Caesars Entertainment bankruptcy proceeding. Wow!! That's an interesting take. And kudos to the mediator. It's always refreshing to see a principled stance. This Caesars case is pending in the Bankruptcy Court for the Northern District of Illinois, located... Continue Reading →
By Donald L. Swanson In the early 1980’s, mediation began gaining acceptance in California as a means of resolving disputes. Since then, California law has placed a high value on mediation confidentiality and privacy. The Supreme Court of California, in Simmons v. Ghaderi, 44 Cal. 4th 570, 588, 187 P.3d 934, 80 Cal. Rptr. 3d... Continue Reading →
By: Donald L Swanson "Testimony from the mediator would be crucial . . . and . . . refusing to compel that testimony posed a serious threat." "It became clear that the mediator's testimony was essential to doing justice here--so we decided to use it." Wayne Brazil, Magistrate Judge, U.S District Court for Northern California... Continue Reading →
By: Donald L. Swanson A Bankruptcy Court Judge is concerned about “leaks of sensitive, non-public information concerning the bidding process and mediation.” The bankruptcy case is In re Molycorp, Inc. (Case No. 15-11357 in the District of Delaware). A "Leaks" Problem The Bankruptcy Judge identifies three Bloomberg articles authored by Jodi Xu Klein and others... Continue Reading →
LinkedIn Discussion Response to Mediator Testifying as a Witness?! A New Appellate Opinion on Mediation Confidentiality Click here to view full discussion commentators credentials.
By: Donald L. Swanson Here’s something you don’t see every day: an appellate opinion on mediation confidentiality. It allows a mediator to testify about what happened in the mediation. The opinion is a week old -- dated April 12, 2016 -- and is published here. The case is Shriner v. Friedman Law Offices, 23 Neb. App.... Continue Reading →
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